logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.04.27 2017가합106962
대여금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from April 13, 2017 to KRW 226,80,317 and KRW 208,291,465 among them.

Reasons

1. Indication of claim;

A. On August 29, 2014, the Plaintiff entered into a loan agreement with Defendant A Co., Ltd. with a fixed interest rate of KRW 200,000,000 per annum 4.1% per annum and a delayed interest rate of KRW 12% per annum. On the same day, Defendant B guaranteed the Defendant A’s obligation to the Plaintiff within the limit of KRW 240,00,000 on the same day.

B. Defendant A, after December 2, 2015, lost the benefit of the time due to Defendant A’s failure to pay a redemption interest, and the Plaintiff terminated the said loan agreement on July 2, 2016.

C. Therefore, Defendant A Co., Ltd. (the principal = 200,000,000 won interest of KRW 5,206,281 with substitute payment of KRW 3,085,184 (the amount borne by Defendant A according to the basic loan agreement) to the Plaintiff.

(1) As to the overdue interest of KRW 208,291,465, excluding overdue interest of KRW 18,508,852) and the overdue interest of KRW 208,291,465, the interest rate of KRW 12% per annum from April 3, 2017 to the service date of the original copy of the instant payment order, and damages for delay calculated at 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Defendant B is jointly and severally liable to pay the above money within the limit of KRW 240,00,000

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

arrow